# EUR-Lex - 12003TN02/18/B - EN

Important legal notice

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# 12003TN02/18/B

**Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex II: List referred to in Article 20 of the Act of Accession - 18. Cooperation in the fields of justice and home affairs - B. Visa policy **

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Official Journal L 236 , 23/09/2003 P. 0718 - 0725 *

B. VISA POLICY

1. 31995 R 1683: Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1), as amended by:

- 32002 R 0334: Council Regulation (EC) No 334/2002 of 18.2.2002 (OJ L 53, 23.2.2002, p. 7).

In the Annex, point 3 is replaced by the following:

"3. The logo consisting of a letter or letters indicating the issuing Member State (or "BNL" in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom."

.

2. 41999 D 0013: the definitive versions of the Common Manual and the Common Consular Instructions (SCH/Com-ex (99)) 13 (OJ L 239, 22.9.2000, p. 317), as adopted by Decision of the Executive Committee of 28 April 1999, have since been amended by the acts listed below. Revised versions of the Common Consular Instructions and Common Manual containing those amendments and including other amendments made pursuant to the provisions of Council Regulations (EC) Nos 789/2001 and 790/2001 of 24 April 2001 (OJ L 116, 26.4.2001, p. 2 and 5), have been published in OJ C 313, 16.12.2002, pp. 1 and 97.

- 32001 D 0329: Council Decision 2001/329/EC of 24.4.2001 (OJ L 116, 26.4.2001, p. 32),

- 32001 D 0420: Council Decision 2001/420/EC of 28.5.2001 (OJ L 150, 6.6.2001, p. 47),

- 32001 R 0539: Council Regulation (EC) No 539/2001 of 15.3.2001 (OJ L 81, 21.3.2001, p. 1),

- 32001 R 1091: Council Regulation (EC) No 1091/2001 of 28.5.2001 (OJ L 150, 6.6.2001, p. 4),

- 32001 R 2414: Council Regulation (EC) No 2414/2001 of 7.12.2001 (OJ L 327, 12.12.2001, p. 1),

- 32002 D 0044: Council Decision 2002/44/EC of 20.12.2001 (OJ L 20, 23.1.2002, p. 5),

- 32002 R 0334: Council Regulation (EC) No 334/2002 of 18.2.2002 (OJ L 53, 23.2.2002, p. 7),

- 32002 D 0352: Council Decision 2002/352/EC of 25.4.2002 (OJ L 123, 9.5.2002, p. 47),

- 32002 D 0354: Council Decision 2002/354/EC of 25.4.2002 (OJ L 123, 9.5.2002, p. 50),

- 32002 D 0585: Council Decision 2002/585/EC of 12.7.2002 (OJ L 187, 16.7.2002, p. 44),

- 32002 D 0586: Council Decision 2002/586/EC of 12.7.2002 (OJ L 187, 16.7.2002, p. 48),

- 32002 D 0587: Council Decision 2002/587/EC of 12.7.2002 (OJ L 187, 16.7.2002, p. 50).

The following adaptations are made to the Common Consular Instructions:

(a) In Annex 1, part II, the following entries are deleted:

"CYPRUS",

"CZECH REPUBLIC",

"ESTONIA",

"HUNGARY",

"LITHUANIA",

"LATVIA",

"MALTA",

"POLAND",

"SLOVENIA",

"SLOVAKIA".

(b) In Annex 2, Schedule A is replaced by the following:

"Schedule A

Countries whose nationals are NOT subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but who are subject to this requirement when they are holders of ordinary passports

DS : Holders of diplomatic and service passports are exempt from visa requirements.

D : Only holders of diplomatic passports are exempt from a visa requirement.

[47]

| BNL | CZ | DK | D | EE | EL | E | F | I | CY | LV | LT | HU | MT | A | PL | P | SI | SK | FIN | S | ISL | N |

Albania | | | | | | DS | | | D | | | | DS | D | | DS | | DS | DS | | | | |

Algeria | | | | | | | | | DS | | | | D [47] | | | | | | DS | | | | |

Angola | | | | | | | | | | | | | | | | | DS | | | | | | |

Antigua and Barbuda | | | | | | DS | | | | | | | | | | | | | | | | | |

Armenia | | | | | | | | | | | | | DS | | | D | | | | | | | |

Azerbaijan | | | | | | | | | | | | | DS | | | | | | | | | | |

Bahamas | | | | | | | | | | | | | | | DS | | | | | | | | |

Barbados | | | | | | | | | DS | | | | | | DS | | | | | | | | |

Belarus | | | | | | | | | | | | | DS | | | | | | | | | | |

Benin | | | | | | | | | DS | | | | | | | DS | | | | | | | |

Bosnia and Herzegovina | | | | | | | D | | | | | | DS | | D | D | | DS | | | | | |

Bolivia | | DS | | | | | | | | | | | | | | | | | | | | | |

Botswana | | | | | | | | | DS | | | | | | | | | | | | | | |

Burkina Faso | | | | | | | | | DS | | | | | | | | | | | | | | |

Cambodia | | | | | | | | | | | | | DS | | | | | | | | | | |

Cape Verde | | | | | | | | | | | | | | | | | DS | | | | | | |

Chad | D | | | DS | | | | | | | | | | | | | | | | | | | |

People's Republic of China | | | | | | | | | | DS | | DS | DS | | | DS | | DS | | | | | |

Colombia | | DS | | | | | | | DS | | | | DS | | | | | | | | | | |

Côte d'Ivoire | DS | | | | | | | DS | DS | | | | | | DS | | | | | | | | |

Cuba | | | | | | | | | | DS | | | DS | | | | | DS | | | | | |

Dominica | | | | | | | | | DS | | | | | | | | | | | | | | |

Dominican Republic | | | | | | | | | DS | | | | | | | | | | | | | | |

Egypt | | DS | | | | | | | DS | | | | | | | | | DS | | | | | |

Federal Republic of Yugoslavia | | | | | | DS | | | DS | | | | | | | | | D | DS | | | | |

Fiji | | | | | | | | | DS | | | | | | | | | | | | | | |

Former Yugoslav Republic of Macedonia | | | | D | | DS | | D | DS | | | | DS | | D | | | DS | DS | | | | DS |

Gabon | | | | | | | | D | | | | | | | | | | | | | | | |

Gambia | | | | | | | | | DS | | | | | | | | | | | | | | |

Ghana | | | | DS | | | | | | | | | | | | | | | | | | | |

Guyana | | | | | | | | | DS | | | | | | | | | | | | | | |

Georgia | | | | | | | | | | | | | DS | | | | | | | | | | |

India | | | DS | D | | | | | | | | | | | | | | | | | | | |

Iran | | | | | | | | | | DS | | | D | | | D | | | | | | | |

Jamaica | DS | | | D | | | | | | | | | | | | | | | | | | | |

Kazakhstan | | | | | | | | | | | | | DS | | | | | | | | | | |

Kenya | | | | D | | | | | | | | | | | | | | | | | | | |

Kuwait | | | | | | | | | DS | | | | | | | | | | | | | | |

Kyrgyzstan | | | | | | | | | | | | | DS | | | | | | | | | | |

Laos | | DS | | | | | | | | | | | DS | | | DS | | | | | | | |

Lesotho | | | | | | | | | DS | | | | | | | | | | | | | | |

Malawi | DS | | | D | | | | | | | | | | | | | | | | | | | |

Maldives | | | | | | | | | | | | | | | DS | | | | | | | | |

Morocco | DS | DS | | D | | DS | D | D | DS | | | | DS | | DS | DS | DS | | DS | | | | DS |

Mauritania | | | | | | | | | DS | | | | | | | | | | | | | | |

Moldova | | | | | | | | | | DS | | D | DS | | | | | | | | | | |

Mongolia | | DS | | | | | | | | | | | DS | | | | | | | | | | |

Mozambique | | | | | | | | | | | | | | | | | DS | | | | | | |

Namibia | | | | D | | | | | | | | | | | | | | | | | | | |

Niger | | | | | | | | | DS | | | | | | | | | | | | | | |

Pakistan | DS | DS | DS | D | | | | | | | | | | | DS | | | | DS | DS | | DS | DS |

Peru | | DS | | D | | DS | DS | DS | DS | | | | DS | | DS | DS | | | D | DS | | | |

Philippines | | DS | DS | DS | | DS | DS | | DS | | | | DS | | DS | DS | | DS | | DS | DS | | DS |

Russian Federation | | | | | | | | | | DS | | | DS | | | | | | | | | | |

São Tomé and Príncipe | | | | | | | | | | | | | | | | | DS | | | | | | |

Senegal | D | | | DS | | | | D | DS | | | | | | DS | | | | | | | | |

Seychelles | | | | | | | | | | | | | DS | | D | | | | | | | | |

South Africa | | DS | | D | | DS | | | | | | | DS | | DS | DS | DS | DS | | | | DS | DS |

Swaziland | | | | | | | | | DS | | | | D | | | | | | | | | | |

Tajikistan | | | | | | | | | | | | | DS | | | | | | | | | | |

Thailand | DS | DS | DS | DS | | DS | | | DS | | | | DS | | DS | DS | | | | DS | DS | | DS |

Togo | | | | | | | | | DS | | | | | | | | | | | | | | |

Trinidad and Tobago | | | | | | | | | | | | | | | DS | | | | | | | | |

Tunisia | DS | DS | | D | | DS | D | D | DS | | | | DS | | DS | DS | DS | | | | | | |

Turkey | DS | DS | DS | DS | D | DS | DS | DS | DS | | D | DS | DS | | DS | DS | D | DS | DS | DS | DS | DS | DS |

Turkmenistan | | | | | | | | | | | | | DS | | | | | | | | | | |

Uganda | | | | | | | | | DS | | | | | | | | | | | | | | |

Ukraine | | | | | D | | | | | | D | DS | | | | | | | | | | | |

Uzbekistan | | | | | | | | | | | | | D | | | | | | | | | | |

Vietnam | | D | | | | | | | | | | | DS | | | | | | | | | | |

Western Samoa | | | | | | | | | DS | | | | | | | | | | | | | | |

Yemen | | DS | | | | | | | | | | | D | | | | | | | | | | |

Zimbabwe | | | | | | DS | | | | | | | | | | | | | | | | | |

"

;

(c) In Annex 2, Schedule B is replaced by the following:

"Schedule B

Countries whose nationals are subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but who are NOT subject to this requirement when they are holders of ordinary passports

| BNL | DK | D | EE | EL | E | F | I | A | P | SK | FIN | S | ISL | N |

Australia | | | | | | | | | | | X [] | | | | |

Chile | | | | X | | | | | | | | | | | |

Israel | | | | | | | X | | | | | | | | |

Mexico | | | | | | | | | | | | | | X | |

United States of America | | | | | X | X [] | X [] | | | | | | | | |

"

;

(d) In Part I of Annex 3, footnote 2 is replaced by the following:

"For the Benelux countries, the Czech Republic, Estonia, Spain, France, Hungary and Slovakia

The following persons shall be exempt from the ATV requirement:

- holders of diplomatic and service passports"

;

"For Slovenia

The following persons shall be exempt from the ATV requirement:

- holders of diplomatic and service passports

- flight crew who are nationals of a contracting Party to the ICAO Chicago Convention."

;

(e) In Part I of Annex 3, footnote 3 is replaced by the following:

"For Germany and Cyprus

The following persons shall be exempt from the ATV requirement:

- holders of diplomatic and service passports.

For Poland

The following persons shall be exempt from the ATV requirement:

- holders of diplomatic passports."

;

(f) In Part II of Annex 3, the list is replaced by the following:

"PART II

Joint list of third countries whose nationals are subject to an airport transit visa requirement by some Schengen States only, with holders of travel documents issued by these third countries also being subject to this requirement.

| BNL [50] | CZ | DK | D | EE [52] | EL | E [51] | F [52] | I [53] | CY | LT | HU | A [49] | PL | P | FIN | S | ISL | N |

Albania | | | | | | | | X | | | | | | | | | | | |

Angola | X | | | X | X | X | X | X | | | | | | | | | | | |

Cameroon | | | | | | | | | | | | X | | | | | | | |

Congo | | | | | | | | | | | | X | | | | | | | |

Côte d'Ivoire | | | | | X | | X | | | | | | | | | | | | |

Cuba | | | | | | | X | | | | | | | | | | | | |

Egypt | | | | | | | | X [55] | | | | | | | | | | | |

Gambia | | | | X | | | | | | | | | | | | | | | |

Guinea | X | | | | | | | X | | | | X | | | | | | | |

Guinea Bissau | | | | | | | X | | | | | | | | | | | | |

Haiti | | | | | X | | | X | | | | | | | | | | | |

India | | | X [56] | X [54] | | X | X | X [54] | | | | | | X | | | | | |

Indonesia | | | | | | | | | | | | | | | X | | | | |

Jordan | | | | X | | | | | | | | | | | | | | | |

Lebanon | | | | X | X | | | X [55] | | | | X | | | | | | | |

Liberia | | | | | X | | X | X | | | | X | X | | X | | | | |

Libya | | | | | X | | | X | | | | | | | | | | | |

Mali | | | | | X | | X | | | | | | | | | | | | |

Northern Marianas | | | | | | | | | | | | X | | | | | | | |

Philippines | | | | | | | | | | | | X | | | | | | | |

Rwanda | | | | | | | | | | | | X | | | | | | | |

Senegal | | | | | X | | | | X | | | X | | | X | | | | |

Sierra Leone | | | | | X | | X | X | | | | X | | | | | | | |

Sudan | X | | | X | X | X | | X | | | | X | | X | | | | | |

Syria | X | X [52] | | X | X | X | | X [57] | | | | X | | | | | | | |

Togo | | | | | X | | X | | | | | | | | | | | | |

Turkey | | | | X [54] | | X | | | | X | | | | X | | | | | |

Vietnam | | | | | | | | | | | | | | X | | | | | |

"

;

(g) In Annex 7, the following is inserted between the entries for Belgium and Denmark:

"CZECH REPUBLIC

Reference amounts are fixed by Act No 326/1999 Sb. on Residence of Aliens in the Territory of the Czech Republic and Amendments of Some Acts.

According to Section 5 of the Act on Residence of Aliens in the Territory of the Czech Republic on the request of the Police, an alien shall be obliged to submit a document confirming that funds are available for his/her stay in the Territory (Section 13) or a certified invitation not older than 90 days from the date of its certification by the Police (Sections 15 and 180),

Section 13 provides the following:

"Funds to Cover the Stay in the Territory

(1) Unless provided otherwise below, the following shall be submitted to prove the availability of funds for the stay in the Territory:

(a) funds amounting at least to the following:

- 0,5 times the subsistence minimum set out under a special legal regulation as required to cover maintenance and other basic personal needs (hereinafter the "Subsistence Minimum for Personal Needs") per day of stay if the total period of stay is not to exceed 30 days,

- 15 times the Subsistence Minimum for Personal Needs if the period of stay in the Territory is to exceed 30 days while this sum shall be increased to double the subsistence minimum for each whole month of expected stay in the Territory,

- 50 times the Subsistence Minimum for Personal Needs in case of stay for the purposes of business activity the total period of which is to exceed 90 days, or

- a document confirming the payment of services connected with the stay of the alien in the Territory or a document confirming that services will be provided free of charge.

(2) Instead of funds as referred to in sub-section 1, the following may be used to prove the availability of funds for the stay in the Territory:

(a) a bank account statement in the name of the alien confirming that the alien is free to use funds in the amount as referred to in sub-section 1 during his stay in the Czech Republic; or

(b) another document to certify that funds are available, such as a valid internationally recognised credit card.

(3) An alien who will study in the Territory may submit, as proof of availability of funds for his stay, a commitment by a state authority or a legal entity to cover the stay of the alien by providing funds equivalent to the Subsistence Minimum for Personal Needs for 1 month of expected stay, or a document confirming that all costs related to his studies and stay shall be covered by the receiving organisation (school). If the sum referred to in the undertaking does not reach this amount, the alien shall be obliged to submit a document proving the ownership of funds equivalent to the difference between the Subsistence Minimum for Personal Needs and the amount of the commitment for the period of his expected stay, however, not more than 6 times the Subsistence Minimum for Personal Needs. Document on the provision of means for one's residence may be replaced by a decision or an agreement on the allocation of a grant acquired pursuant to an international treaty by which the Czech Republic is bound.

(4) An alien who has not attained 18 years shall be obliged to prove the availability of funds for his stay pursuant to sub-section 1 equivalent to a half of the amount."

and Section 15 provides the following:

"Invitation

In an invitation, the person inviting an alien shall undertake to cover the costs:

(a) related to the maintenance of the alien throughout his stay in the Territory until he leaves the Territory;

(b) related to the accommodation of the alien throughout his stay in the Territory until he leaves the Territory;

(c) related to the provision of healthcare to the alien throughout his stay in the Territory until he leaves the Territory, and the transfer of the alien when ill or of the remains of the deceased;

(d) arising to the Police in connection with the alien staying in the Territory and leaving the Territory in case of administrative expulsion.""

and, between the entries for Germany and Greece:

"ESTONIA

Under Estonian law, aliens arriving into Estonia without a letter of invitation, shall upon request by a border guard official upon entry into the country provide proof of sufficient monetary means to cover the costs of his/her stay in and departure from Estonia. Sufficient monetary means for each allowed day is considered to be 0,2 times the monthly minimum salary implemented by the Government of the Republic.

Otherwise the inviter shall assume responsibility for the costs of the alien's stay in and departure from Estonia."

and, between the entries for Italy and Luxembourg:

"CYPRUS

According to the Aliens and Immigration Regulations (Regulation (9(2)(B)) the entry of aliens for temporary stay in the Republic depends on the discretionary power of the immigration officers at the borders, which is exercised according to the general or specific instructions of the Minister of Interior or to the provisions of the abovementioned Regulations. The immigration officers at the borders decide on the entry on a case by case basis, taking into consideration the purpose and length of stay, possible hotel reservations or hospitality by persons normally residing in Cyprus.

LATVIA

Article 81 of Cabinet of Ministers' Regulation No 131 of 6 April 1999, as amended by Cabinet of Ministers' Regulation No 124 of 19 March 2002, stipulates that upon the request of an official of the State Border Guard, an alien or a stateless person shall present the documents referred to in subparagraphs 67.2.2 and 67.2.8 of these Regulations:

"67.2.2. a health resort or travel voucher confirmed in accordance with the regulatory enactments of the Republic of Latvia, or a tourist carnet prepared pursuant to a specified pattern and issued by the Alliance of International Tourism (AIT);

67.2.8. for the receipt of a single entry visa:

67.2.8.1. traveller's cheques in the convertible currency or cash in LVL or in convertible currency corresponding to LVL 60 for each day; if the person presents the documents proving the payment already made for a certified place of accommodation for the whole duration of his/her stay - traveller's cheques in the convertible currency or cash in LVL or in convertible currency corresponding to LVL 25 for each day;

67.2.8.2. a document which certifies the reservation of a certified place of accommodation;

67.2.8.3. a round trip ticket with fixed dates."

LITHUANIA

Pursuant to Article 7(1) of the Lithuanian Law on the Legal Status of Aliens, an alien shall be refused admission to the Republic of Lithuania where he is unable to prove that he has sufficient funds for the stay in the Republic of Lithuania, a return trip to his country or for proceeding to another country which he has the right to enter.

However, there are no reference amounts for the above. Decisions are made on case-by-case basis depending on the purpose, type and duration of the stay."

and, between the entries for Luxembourg and the Netherlands:

"HUNGARY

A reference amount is specified in the aliens policing legislation: under Decree No 25/2001. (XI. 21.) of the Minister of Interior, currently at least HUF 1000 is required upon each entry.

Under Article 5 of the Aliens Act (Act XXXIX of 2001 on the Entry and Stay of Foreigners), the means of subsistence required for entry and stay may be certified by the presentation of:

- Hungarian currency or foreign currency or non-cash means of payment (e.g. cheque, credit card etc.),

- a valid letter of invitation issued by a Hungarian national, a foreigner holding a residence permit or settlement permit or a legal entity if the person inviting the foreigner declares to cover the costs of the accommodation, lodging, health care and return (repatriation). The official consent of the aliens policing authority shall be attached to the letter of invitation,

- confirmation of board and lodging reserved and paid in advance by means of a travel agency (voucher),

- any other credible proof.

MALTA

It is the practice to ensure that persons entering Malta would have a minimum amount of MTL20 (EUR 48) per day for the duration of their visit."

and, between the entries for Austria and Portugal:

"POLAND

Amounts required for crossing borders are determined in the Ordinance of the Minister of Internal Affairs and Administration of 20 June 2002 on the amount of means to cover expenses concerning entry, transit, stay and departure of aliens crossing the border of the Republic of Poland and detailed rules of documentation evidencing possession of these means - Dz.U. 2002, Nr 91, poz. 815).

Amounts indicated in the above regulation are as follows:

- PLN 100 per day of stay for persons over 16 years old, but not less then 500 PLN,

- PLN 50 per day of stay for persons under 16 years old, but not less then 300 PLN,

- PLN 20 per day of stay, but not less then 100 PLN, for persons participating in tourist trips, youth camps, sport competitions or having costs of stay in Poland covered or arriving to Poland for health treatment in a sanatorium,

- PLN 300 for persons over 16 years old, whose stay in Poland does not exceed 3 days (including transit),

- PLN 150 for persons under 16 years old, whose stay in Poland does not exceed 3 days (including transit),"

and, between the entries for Portugal and Finland:

"SLOVENIA

EUR 70 per person for each day of the planned stay.

SLOVAKIA

Pursuant to Article 4(2)(c) of Act No 48/2002 Z. z. on the Stay of Aliens, an alien is obliged, upon request, to prove he or she has a financial amount for the stay, in convertible currency, amounting to at least half the minimum wage provided for in Act No 90/1996 Z. z. on minimum wage, as amended, for each day of the stay; an alien younger than 16 years old is obliged to prove he or she has the financial means for the stay amounting to half of this."

;

(h) In the Annex to Annex 8, point 3 is replaced by the following:

"3. The logo consisting of a letter or letters indicating the issuing Member State (or "BNL" in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom."

.

2. 32001 R 0539: Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1), as amended by:

- 32001 R 2414: Council Regulation (EC) No 2414/2001 of 7.12.2001 (OJ L 327, 12.12.2001, p. 1).

In Annex II(1), the following entries are deleted:

"Cyprus",

"Czech Republic",

"Estonia",

"Hungary",

"Latvia",

"Lithuania",

"Malta",

"Poland",

"Slovakia",

"Slovenia".

[47] Holders of diplomatic passports who are posted in Hungary shall be subject to visa requirements during their first entry, but shall be exempt from these requirements during the rest of their assignment.

[] If travelling on offical business

[49] Aliens subject to transit visa obligations do not require an airport transit visa (ATV) for transit via an Austrian airport provided they hold one of the following documents that is valid for the length of the stay necessary for the transit:

- a residence permit issued by Andorra, Japan, Canada, Monaco, San Marino, Switzerland, the Holy See or the USA which guarantees the right to return;

- a visa or residence permit issued by a Schengen State for which the Accession Agreement has been brought into force;

- a residence permit issued by a Member State of the EEA.

[50] Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, the United States or Canada. Holders of diplomatic, service or special passports are also exempt.

[51] Holders of diplomatic, official and service passports are not subject to the ATV requirement. The same applies to holders of ordinary passports residing in a Member State of the EEA, the United States or Canada, or in possession of an entry visa valid for one of these countries.

[52] The following persons shall be exempt from the ATV requirement:

- holders of diplomatic and service passports;

- holders of one of the residence permits listed in Part III;

- flight crew who are nationals of a Contracting Party to the Chicago Convention.

[53] Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, Canada or the United States.

[54] Only when nationals are not in possession of a valid visa or residence permit for a Member State of the EU or a State party to the Agreement on the European Economic Area of 2 May 1992, Canada, Switzerland or the United States.

[55] Only for holders of the travel document for Palestinian refugees.

[56] Indian nationals are not subject to the ATV requirement if they are holders of a diplomatic or service passport.Indian nationals are also not subject to the ATV requirement if they are in possession of a valid visa or residence permit for a country of the EU or the EEA or for Canada, Switzerland or the United States. In addition, Indian nationals are not subject to the ATV requirement if they are in possession of a valid residence permit for Andorra, Japan, Monaco or San Marino and a re-entry permit for their country of residence valid for three months following their airport transit.It should be noted that the exception concerning Indian nationals in possession of a valid residence permit for Andorra, Japan, Monaco or San Marino enters into force on the date of Denmark's integration into Schengen cooperation, i.e. on 25 March 2001.

[57] Also for holders of the travel document for Palestinian refugees.

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